Smith v. JP Morgan Chase Bank, N.A.
- Laura Swain
- 1:22-cv-04994
- U.S. District Court · Southern District of New York
- 2
In Smith v. JP Morgan Chase Bank, Judge Swain ordered the pro se plaintiff to pay $402 or submit an IFP application.
Arthur Edward Smith must either pay the $402 in fees or submit a signed application to proceed without prepayment within 30 days; failure to comply will result in dismissal of the action. The defendants are affected by the court’s direction that no summons issue at this time.
What happened
In Smith v. JP Morgan Chase Bank, Arthur Edward Smith filed a complaint without paying the required fees or submitting an application to proceed without paying them upfront.
The court gave Smith 30 days to pay $402 or submit a signed application to proceed without prepayment. No summons will issue at this time, and the action will be dismissed if he does not comply.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, stating that any appeal from the order would not be taken in good faith.
The detailed version
- Smith v. JP Morgan Chase Bank, N.A. · No. 1:22-cv-04994
- Laura Swain
- June 16, 2022
Background
Arthur Edward Smith brought this action without a lawyer. He submitted the complaint without paying the required filing fees and without submitting an application to proceed without prepaying those fees.
Order
The court explained that a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Alternatively, a plaintiff may request permission to proceed without prepayment by submitting a signed application under 28 U.S.C. § 1915.
The court ordered Smith, within 30 days of the order, to either pay the $402 or submit the attached application. If the court grants the application, Smith may proceed without prepaying the fees. The application must identify docket number 22-CV-4994 (LTS).
No summons will issue at this time. If Smith complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed period, the action will be dismissed.
Appeal-Fee Determination
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying appellate fees.
Disposition
The court directed payment of the filing fees or submission of an application to proceed without prepayment. It did not dismiss the action in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.